Focus On

Wills, Trusts & Estates

Latest

Monday, December 02, 2019 @ 11:33 AM

Gender diversity in legislative drafting act | Lawrence David

One never truly knows to where a simple cup of vanilla chai can possibly lead. Case in point: I went to an unnamed, yet well-known coffee shop around the block after a day of writing. Aside from placing my order, I had an incredibly insightful conversation with a barista. Their name is Jaclyn, and they are an exemplar of human warmth, decency and going above and beyond preparing a customer a cup of vanilla chai. Jaclyn inspired this column and I am privileged to dedicate it to them. ... [read more]

Thursday, November 28, 2019 @ 1:56 PM

Capacity for powers of attorney: A legal test brain_gears_sm

Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. ... [read more]

Tuesday, November 26, 2019 @ 12:31 PM

Digital assets deep dive: Tech solutions digital_lightbulb

In my practice, I have spoken at many workshops and conferences with estate lawyers, estate planners, clients and the general public. Regardless of the audience, some of the first words often blurted out are, “password managers,” or the question is asked, “what about password managers” in an effort to tidily solve the entire digital assets dilemma in one fell swoop. We live in a complicated world where every minute of the day is taken by orchestrating client commitments, and we just don’t have the time to investigate a new and evolving digital domain that requires more research than can be handled with a passing comment. ... [read more]

Monday, November 25, 2019 @ 1:00 PM

November ‘Make a Will Month’ in Ontario make_will_sm

For wills and estate lawyers however, solicitors and litigators alike, November is associated with only one thing: wills. This is because November is “Make a Will Month” in Ontario. “Make a Will Month” is a public awareness campaign championed across Ontario by the Ontario Bar Association (OBA). ... [read more]

Friday, November 22, 2019 @ 2:07 PM

Death while divorcing Wilted roses in snow

A relationship has broken down and now the parties have separated and agreed to divorce. But what happens when someone dies in the midst of divorce proceedings? Where does that leave things? ... [read more]

Friday, November 22, 2019 @ 9:04 AM

Preserving disability support benefits and post-mortem planning disability_wheelchair_sm

We all want quality of life for our loved ones — especially those with special needs. However, planning for them can be fraught with difficulties, some of which may jeopardize their entitlement to Ontario Disability Support Program Act benefits (ODSP). ... [read more]

Wednesday, November 20, 2019 @ 8:26 AM

When can beneficiary of a trust enforce rights of trustee in equity? check_mate_sm

Subject to certain exceptions, as a general rule, only an executor, administrator and/or trustee of an estate or trust has standing to commence proceedings on behalf of the estate or trust (Joncas v. Pennock and Durstling, 1959 A.J. No. 48; Maddess v. Racz et al., 2006 BCSC 642 at para. 15). ... [read more]

Friday, November 15, 2019 @ 9:10 AM

Till debt do us part: dividing liabilities Ax breaking chain

When most people think of family law cases, they think of fairly dividing the family assets: the house, the car, perhaps the heirloom grandfather clock. The flip side of the coin, however, is less straightforward. What is the best approach to untangling not just the assets, but the liabilities? ... [read more]

Wednesday, November 13, 2019 @ 12:04 PM

New associate for Hull & Hull LLP

Hull & Hull LLP announced that Katherine Mazur has joined the firm as an associate. ... [read more]

Wednesday, November 13, 2019 @ 8:54 AM

Proposed changes to foreign affiliate dumping rules Two businessmen in discussion

Recent proposed changes to the Income Tax Act could impact many Canadian corporations with foreign affiliates. ... [read more]